AboutShirley McAllister, CPP, PHR Expertise I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state.
If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency.
Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources.
Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).
Experience 25 years in Payroll and Human Resources
Organizations SHRM (Society of Human Resources)
APA (American Payroll Association)
DOLEA (Department of Labor Employers Association)
Education/Credentials PHR Certification in Human Resources
CPP Certification in Payroll in U.S.
Payroll Administrator and Payroll Supervisor certification in Canada
Question I work for a small franchise, about 11 people, and when we close up shop, my manager on duty picks a time that we will be out of there by and "Pre-clock us out." So i get clocked out at at certain time (of the managers choosing) and have to be done by then. wether we finish on time or not, we still get clocked out at that time. they say they have to do it this way because of the software's closing procedures, all numbers have to be in before they can start. the main thing is i have to take my bosses' word for it. I worked for a world wide corp. before this, and only the employees themselves can punch in or out. manager's had editing rights, but with the partner's consent.
Answer This is not acceptable. You should be clocking in and clocking out. The managers can adjust time but only when it is incorrect and only with the employee's permission.
You should not be working at all after you are clocked out. If your manager clocks you out you need to leave right then.
Walmart and several other places are in trouble for having employees clocked out and still working. They are in large lawsuits over this.
The Department of Labor has hired 250 new agents and will be more agressive this year because of the complaints that they were not agressive enough when responding to complaints.
If the company continues to do this they can be sued. If it continues to happen and you are working after being clocked out keep track of your time and put in a claim for unpaid wages with the Department of Labor.
